Strict liability
Strict liability is a legal doctrine that holds an individual or organisation responsible for damage caused whether they have intent or not. It forms part of the law of tort.
Tort is a collection of civil law remedies entitling a person to recover damages for loss and injury which has been caused by the actions, omissions or statements of another person in circumstances that the latter was in breach of a duty or obligation imposed by law.
In tort, rights and obligations are created by the courts applying common law, which has, on the basis of previous authority fallen into three distinct categories:
Under strict liability, the plaintiff is under no obligation to prove fault, negligence or intention on the part of the defendant, only that there has been damage and/or loss caused to them and the defendant was responsible for it either by their acts or omissions.
Strict liability has, for example, been applied by common law in situations where there is a potentially dangerous and non-natural object or operation on an owner’s land. It has been held that the ordinary law of negligence may not afford proper protection under these circumstances, and so, the law has created a liability that is 'strict', where a duty of care is not necessary. The intention of this is to dissuade recklessness and unnecessary loss by encouraging defendants to take all precautions possible.
The case of Rylands v Fletcher [1868] first formulated strict liability. It involved a defendant who had built a reservoir on his land. When the reservoir was filled, the water flooded the plaintiff’s neighbouring coal mines. Despite the defendant not being at fault, he was held liable.
Strict liability has also been attributed to:
- Some aspects of consumer law.
- Contracts and appointment agreements, where the requirement for 'reasonable skill and care' has not been applied throughout.
- Injuries in the workplace (removed in 2013).
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Future Homes Standard Essentials launched
Future Homes Hub launches new campaign to help the homebuilding sector prepare for the implementation of new building standards.
Building Safety recap February, 2026
Our regular run-down of key building safety related events of the month.
Planning reform: draft NPPF and industry responses.
Last chance to comment on proposed changes to the NPPF.
A Regency palace of colour and sensation. Book review.
Delayed, derailed and devalued
How the UK’s planning crisis is undermining British manufacturing.
How much does it cost to build a house?
A brief run down of key considerations from a London based practice.
The need for a National construction careers campaign
Highlighted by CIOB to cut unemployment, reduce skills gap and deliver on housing and infrastructure ambitions.
AI-Driven automation; reducing time, enhancing compliance
Sustainability; not just compliance but rethinking design, material selection, and the supply chains to support them.
Climate Resilience and Adaptation In the Built Environment
New CIOB Technical Information Sheet by Colin Booth, Professor of Smart and Sustainable Infrastructure.
Turning Enquiries into Profitable Construction Projects
Founder of Develop Coaching and author of Building Your Future; Greg Wilkes shares his insights.
IHBC Signpost: Poetry from concrete
Scotland’s fascinating historic concrete and brutalist architecture with the Engine Shed.
Demonstrating that apprenticeships work for business, people and Scotland’s economy.
Scottish parents prioritise construction and apprenticeships
CIOB data released for Scottish Apprenticeship Week shows construction as top potential career path.
From a Green to a White Paper and the proposal of a General Safety Requirement for construction products.
Creativity, conservation and craft at Barley Studio. Book review.
The challenge as PFI agreements come to an end
How construction deals with inherited assets built under long-term contracts.
Skills plan for engineering and building services
Comprehensive industry report highlights persistent skills challenges across the sector.
Choosing the right design team for a D&B Contract
An architect explains the nature and needs of working within this common procurement route.
Statement from the Interim Chief Construction Advisor
Thouria Istephan; Architect and inquiry panel member outlines ongoing work, priorities and next steps.